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Hi. My husband is an alcoholic and kicked me into of my home 3 days ago. I am a 70 year old female. We live separate lives, finances,bed rooms etc for the past 4 years. In Alberta do I qualify to waiver the separation time for 1 year and move to divorce?
013 days ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Hi Rita,
I'm sorry this happened to you. Please know that you have legal rights that can be enforced. However, you ought to consult with a lawyer in a private, confidential setting to go over your rights and options specific to your situation.
There is no such thing a waiving the one year separation. That said, you may have already been separated for a year for the purposes of the Divorce Act. The way separation is defined is different in different contexts; for example, the CRA does not consider you separated until you have separate addresses, but you can be separated while living under the same roof for divorce purposes. Again, the nuances of your particular circumstances are best discussed privately with a lawyer.
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